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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shield Heating COver - BEWARE!!!


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Please anyone reading this – DO NOT USE Southern Power’s Shield cover!!!

 

We thought we were being sensible, as parents to 4 children it seemed sensible to take out central heating cover in case the worst ever happened and as Gas and Electric customers with Southern Power it seemed to make sense to use their SHEILD cover – how naive can you be?

On the 28th November 2010 we woke up to no hot water and no heating and minus 4 temperatures outside – a bit of an issue, but i figured as i had shield cover we would be ok – I called and after 25 minutes of Jack Johnson i finally got through to the call centre who explained that as i had a 3 month old baby in the house i would get an emergency call out and the engineer would be with us soon – 12 hours later (yes 12 hours – would hate not to be an emergency!) the engineer came, fixed the heating and hot water issue but, informed us that the pressure release valve was broken and would need replacing ASAP, we agreed to a return visit on the 30th and off he went.

The 30th came – i took a day off work, i waited and waited and waited and guess what – NO ENGINEER - after another 30 minutes of the same Jack Johnson music we were informed that the engineer was actually booked for the 7th – not happy, but managed to agree an after 5pm appointment to negate the need for another day off work (just leave an hour or so early this time)

Then came the 7th December – oh dear, oh dear, oh dear –

7pm – engineer arrives

7.20pm – engineer informs us the part he has been given to fit is broken and he (begrudgingly) has to use his own stock

7.40pm – Engineer informs us he has finished

Now at this point we should be happy campers, but we made the mistake of checking the water pressure and temperature and (drum roll please) there wasn’t any – water that is, no water (let alone hot) out of the hot water tap (where we had had hot water up until this point)

Engineer actually asked us if the taps worked – what did he think they are ornamental?

Anyway to cut a rather long and tedious hour short – after much time spent watching the pressure and feeling the water temperature, (virtually nothing and lukewarm) the engineer decided to call his office for assistance.

This is how that conversation went from our end –

Engineer – “ i was only supposed to be fitting the part”

Engineer – “to tell you the truth i am tired, stressed, getting irritable and just about ready to jack it all in I am so fed up”

We then go on to hear about his personal life and how the job is getting him down.... 5 minutes later....

Ok – not the most reassuring conversation to have to listen to but just incase we did not hear the phone conversation he decides to repeat it to our faces while he was put on hold.

Anyway again to cut a long story short (and trust me it was long!!)

The engineer has left us with very little water pressure on our hot taps, tepid water at best and one of his parting comments (bearing in mind the only engineers who have touched our boiler are shield engineers) “oh yeah and i found lots of parts missing”

This boiler is in our Daughters bedroom, it is a GAS combi boiler, it is supposedly serviced annually by Shield engineers and now we are being told it is missing parts – the engineer is not the only one stressed!

We now have to wait yet again for a call from Shield to arrange yet another call out (let’s hope this engineer is not stressed and his parts are all in working order!)

And to top it all, this is not the first time they have let us down – like i said at the start – Naive – (should that read stupid?) we have been shield customers for over 3 years and have now learnt our lesson - off to British Gas as soon as we have a working boiler (so sorry British Gas you might be in for wait for my business!!)

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